Opinion No.
Background
- Arkansas Attorney General opines on A.C.A. § 14-43-311 (1998) regarding ward redistricting in cities of the first class with aldermanic government.
- Greenwood has three wards, each represented by two aldermen who must reside in their ward.
- Redistricting occurred without changing the sitting six council members' ward residency.
- Subsections (b) and (c) appear potentially conflicting with subsection (c)(2) as to incumbents’ terms.
- Legislative history (Act 600 of 1973) and prior AG opinions are cited to resolve any anticipated conflict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does §14-43-311(c)(2) conflict with (b) and (c)(1)? | Greenwood City Attorney argues a conflict. | McDANIEL concludes no conflict; (c)(2) creates an exception. | No conflict; (c)(2) addresses incumbents remaining in old wards. |
Key Cases Cited
- Ward v. Doss, 361 Ark. 153 (Ark. 2005) (legislative history guides intent in reapportionment cases)
- Moorman v. Lynch, 310 Ark. 525 (Ark. 1992) (validity of wards' reapportionment and terms of office)